Contesting a speeding ticket in California

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  • deutschman
    R3V Elite
    • May 2008
    • 5958

    #1

    Contesting a speeding ticket in California

    I am currently contesting a traffic ticket in California. The oficer said he paysed me at 69mph in a 45 zone. In California any posted speed 30-50mph is a suggested speed and may be exceeded if the speed you are traveling in are safe for the conditions you are driving in (traffic, weather, and so on). This is clearly stated in the law I was charged with violating (cvc 22350) which states "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."
    It was 1am, there was no one ells on the road besides me at all, the weather was 100% clear with no rain wind or fog, the road was well lit, and and strait as an arrow. I also do not see how the officer can prove my speed beyond a reasonable doubt if he was only paising me and has no radar evidence or anything.
    I am sending in my trial by declaration form tomorrow and then I have to wait for them to send me the next form.
    Any advice on arguments to make/not make? Helpful Comments or experiences?
    Thanks guys!

    PS
    I just finished six 12-13 hour work days (sleeping in a tent) so if my spelling and so on is bad please give me a brake and help a brother out!

    Cheers!
    sigpic
    "The bitterness of poor quality remains long after the sweetness of low price is forgotten."

  • SoEm0
    E30 Addict
    • Feb 2010
    • 449

    #2
    check out http://www.ticketassassin.com/ see if that info helps.
    CCW- when every second counts... The police are just minutes away!

    Comment

    • Danny
      Moderator
      • Feb 2008
      • 14217

      #3
      Your word versus his.

      Officer wins.

      Comment

      • Dj Buttchug
        R3V OG
        • Jun 2010
        • 7632

        #4
        so what you passed a cop also driving on the same road doing 60 in a posted 45...?

        Turbo M42 Build Thread :Here
        Ig:ryno_pzk
        I like the tuna here.
        Originally posted by lambo
        Buttchug. The official poster child of r3v.

        Comment

        • Ayman
          R3V Elite
          • Apr 2011
          • 4190

          #5
          Originally posted by SoEm0
          check out http://www.ticketassassin.com/ see if that info helps.
          x2. I was on that shit for three days just reading about what the real laws are and what rights and stuff citizens aren't aware they have. Made me a lot knowledgeable about what you can do to get out of most tickets.
          don't go to court, declare a trial by declaration with a check of the amount due on the ticket, your account of what happened and mail it in. You'll find templates on the website and you just tweak it to suit your specific case and voila.


          Originally posted by yert315
          Your mother is plug n play

          Comment

          • ak-
            R3V OG
            • May 2009
            • 12422

            #6
            If it goes to court, this is what will happen :(
            Try your luck with TBD via ticketassassin's help

            Originally posted by Danny
            Your word versus his.

            Officer wins.

            1991 325iS turbo

            Comment

            • idanity
              Mod Crazy
              • Jun 2006
              • 775

              #7
              and if you win, you'll probably get your car impounded next time....
              3 pedal club
              200,k+ club
              cabrio club
              port-matched- polished- purring www.BMWpark.org

              </div>

              linux since 1999

              Comment

              • Rsully70sev
                R3VLimited
                • Sep 2010
                • 2391

                #8
                Game. Set. Match.

                I had a Sonoma County judge tell me that officers go through training to determine a cars speed just by looking at it, and they have to be within 5mph+/- every time. Basically she told me the cops word is just as good as radar. It's bullshit, but who's side is the judge going to take, their colleagues or some guy going 70mph in a 45 at one in the morning trying to argue that it was safe.

                Comment

                • deutschman
                  R3V Elite
                  • May 2008
                  • 5958

                  #9
                  well you guys are not very encouraging but i am going to try anyways.
                  i did a bunch of reading and sent off my letter. i am now waiting on the reply from the court. we will see what happens. i am keeping my fingers crossed.
                  sigpic
                  "The bitterness of poor quality remains long after the sweetness of low price is forgotten."

                  Comment

                  • Ian Bowers
                    E30 Enthusiast
                    • Apr 2008
                    • 1120

                    #10
                    I think that "1AM" thing totally raped your argument of safe for conditions. Fatigue, and lack of light are an argument against you there.

                    Comment

                    • deutschman
                      R3V Elite
                      • May 2008
                      • 5958

                      #11
                      well i have not given them any counterargument as of yet. fatigue maybe, but lack of light no. it was a very well lit piece of high way, and the lights on a 2007 mini s are not dim.
                      sigpic
                      "The bitterness of poor quality remains long after the sweetness of low price is forgotten."

                      Comment

                      • bernzpeed
                        No R3VLimiter
                        • Feb 2009
                        • 3917

                        #12
                        "paced"
                        Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.
                        ---------------------------------
                        89 E30 S52
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                        Transaction Feedback.

                        Comment

                        • bernzpeed
                          No R3VLimiter
                          • Feb 2009
                          • 3917

                          #13
                          dude 3 words...

                          choyce law firm.
                          Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.
                          ---------------------------------
                          89 E30 S52
                          ---------------------------------
                          Transaction Feedback.

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                          • TurboJake
                            No R3VLimiter
                            • Oct 2010
                            • 3780

                            #14
                            I'm not from cali, and even I know that the posted speed is what THEY deem as the maximum reasonable and prudent speed based on perfect road conditions, and is not a subjective sign...


                            Leave Me Transaction Feedback

                            Comment

                            • beanerguitarist
                              E30 Addict
                              • Jan 2011
                              • 526

                              #15
                              good luck man... total bummer
                              Originally Posted by slammin.e28guy
                              Girls can be "friends"?

                              I always thought they were just like my car. I get one I like and hold onto it for a while. Starts breaking and shit....flip it.

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